An employer might discriminate against an employee on various grounds but the law protects against such discrimination. Some of the protected facets include disability, gender identity, race, pregnancy, sexual orientation, nationality, color, religion, and sex.
Engaging in harassing or discriminatory behaviors at workplace is illegal. This creates a hostile work environment, making it difficult for your worker(s) to perform their job duties.
The truth is that every person deserves fair treatment at work. It’s illegal to discriminate against an employee regarding the job, pay raises, promotions, and other performance-based opportunities. Luckily, the workplace discrimination law protects employees against different types of unfair treatment.
Thus, you can file a complaint whenever you get treated unfairly for various reasons at work. This article highlights the procedure for filing such a complaint.
What are the Examples of Workplace Discrimination?
To discriminate against a person means to treat them less favorably or differently. There are laws that protect you from different types of discrimination or unfair treatment.
An employer who engages in unfair labor practices that amount to discrimination can get into trouble. It’s illegal to engage in any illegal workplace discrimination.
The good news is that there are expert employee discrimination lawyers that can help you defend your rights or file legal action against your supervisors or employer. They can advise you on how to challenge discriminatory employment practices and explain your legal options. And, they can also guide you on how to gather enough evidence to demonstrate that your employer treated you unfairly.
The following are examples of illegal workplace discrimination:
- Unequal wages or compensation
- Harassment by co-workers and managers due to your color, race, sex, religion, age, disability, etc
- Retaliation as a result of the complaint against workplace discrimination
- Exclusion during recruitment, job assignments, or training due to gender, race, religion, disability, and other protected characteristics
- Denying certain employee benefits
- Use of sexual favors during employment or promotion
- Continuous comments or actions based on religion, race, gender, age, etc., which create a hostile work environment
- Failure to create a reasonable accommodation for an employee with a disability
- Termination and demotion due to pregnancy
- Treating certain employees unfairly when assigning disability and maternity leave
The list of unfair labor practices is long. It can include even subtle actions that make the workplace environment hostile.
It helps to know that you can take legal action against your employer when you suffer illegal workplace discrimination and harassment. Let’s look at the procedures you should follow.
How to Handle an Unfair Treatment at Work
Once you have spotted unfair treatment in the office, the next step is to try to remedy this situation. No employee should settle for unfair treatment because you have your rights to stand by, and the workplace discrimination law protects everyone.
Here are some of the steps you should consider when experiencing illegal workplace discrimination:
Document Your Experience
Are you concerned about how your employer is treating you? If so, start gathering evidence to prove that you’re being discriminated against.
You can document what your supervisors are putting you through because such information will help support your case. This includes documenting factors like:
- All text messages
- Email communications
- Internal memos, or letters from your managers or fellow employees.
Next, write down the story as soon as you experience discriminatory behaviors. This enables you to transcribe the experience and feelings accurately. If you don’t do it immediately, you’re likely to forget vital details of what happened and how you felt.
Report the Experience to HR
It’s important to take action when you’re a victim of unfair treatment at the workplace. The first step is to report the incidents to your HR department and provide evidence. Your employer will likely take your complaint seriously when you submit it formally.
Some employees are afraid to report illegal workplace discriminatory behaviors because they fear being wrongfully terminated. But, formalizing your complaint minimizes the chances of getting fired. Instead, it encourages honest discussion between you and the employer. It also strengthens your case when you decide to file a case with EEOC.
File a Formal Complaint
It’s expected that the employer will address the workplace discrimination complaint as soon as possible. But, in some instances, the employer may be reluctant to resolve the matter or create an even more toxic workplace environment. They may want to silence you or force you to quit your job.
If your boss or HR fails to handle your claim, the next step is to file a formal complaint with the EEOC. You will be required to do the following:
- Provide a description of the unfair treatment
- State when the discriminatory action took place
- Explain why you think the scenario is unfair treatment, i.e., does it fall under protected characteristics such as race, gender, color, age, etc.?
- Provide the name of your employer and contact information.
You shouldn’t quit your job until you go through the entire process. Resigning during the EEOC process can jeopardize the case. Indeed, experiencing unfair treatment can affect you mentally and emotionally. But, instead of quitting, seek additional help.
Seek Additional Help
Employees that are regularly mistreated tend to have high-stress levels and worries. But, the worst cause of action to take during unfair treatment is to justify illegal discrimination in the workplace. Doing so will damage your health and ruin your productive career path.
Instead, talk to your friends and family members or seek professional help. This will allow you to vent and get the right advice. Indeed, spotting unfair treatment and reporting it can remedy the situation and prevent it from escalating to uncontrollable levels.
Why You Should Involve an Attorney for Employee Discrimination
Talking to employee discrimination lawyers whenever you have concerns about unfair treatment at work is helpful. The expert will help you determine whether you’re illegally discriminated against, and then establish the necessary action to take.
There are many benefits of consulting an experienced workplace discrimination lawyer. It’s important to contact such an expert in the following situations:
- Faces adverse unfair treatment or discrimination due to disability, age, race, gender, color, etc
- Your employer or supervisors have retaliated against you because of filing a complaint due to unfair treatment
- The time to file a complaint with the EEOC has run out or is about to run out
- You have received an unsatisfactory response from the EEOC
Being treated poorly at the workplace can affect various aspects of your life. The good news is that there are workplace discrimination laws and employee discrimination lawyers to protect workers against unfair treatment.
This article has highlighted some unfair treatments you can report when you spot them. Documenting the discriminatory behaviors, reporting them to HR, and filing the case with EEOC will help put to an end to such practices.
Don’t hesitate to seek professional assistance from experienced and knowledgeable employee discriminatory lawyers. These experts can help you stand up for your rights and get justice.